What details should be paid attention to in the recruitment process?

HR workers in some enterprises don't pay much attention to the details of recruitment, and think that recruitment is a relatively simple process: receiving the recruitment application, publishing the recruitment information according to the recruitment requirements, conducting interview assessment with job seekers, going through the entry formalities after passing the interview, signing a labor contract and becoming a regular employee. But there are many details to pay attention to in this process. If you don't pay attention, it is easy to cause certain legal risks to enterprises.

(1) The recruitment information or advertisements published by enterprises should be legal. For example, the job advertisements of many companies contain many discriminatory clauses, such as requiring only women (gender discrimination), restricting people in a certain area (geographical discrimination), not recruiting "hepatitis B carriers" and so on; Such job advertisements may affect the reputation of enterprises and even lead to lawsuits (some enterprises have been recruited). There are also some enterprises that need to accept social responsibility review and factory inspection in Europe and America to make OEM orders in Europe and America. The above-mentioned job advertisements have violated the relevant provisions of SAI (Social Responsibility International) and may even affect corporate orders.

(2) Formal employment conditions or job descriptions need to be formulated. In the Labor Contract Law, enterprises must formulate formal employment conditions or job descriptions, and at the same time require the entrants to sign the job descriptions for confirmation. Otherwise, during the probation period, the labor contract shall be terminated with the employee on the grounds of "not meeting the employment conditions". Without formal and clear job requirements, it is easy to fall into labor disputes and there is no corresponding evidence to prove it.

(3) During the recruitment interview, the HR of the enterprise needs to truthfully inform the workers about their work contents, working conditions, occupational hazards and safety. Article 8 of the Labor Contract Law clearly stipulates. In practice, in order to attract candidates, HR in many enterprises often only choose good ones, and bad situations in enterprises are often covered up. This not only does not help the recruitment work, but also may lead to an increase in the turnover rate after employees join the company because the actual situation of the company is far from what HR described before. Therefore, the contract is invalid. Article 26 of the Labor Contract Law stipulates that a labor contract is invalid or partially invalid if the other party enters into or changes the labor contract against its true meaning by means of fraud, coercion or taking advantage of the danger of others. In addition, according to the relevant provisions of Article 86 of the Labor Contract Law, the enterprise may be liable for compensation.

(4) When deciding to recruit candidates, we should pay attention to the identity and background of the candidates, whether there are still unresolved labor relations, and whether the workers have non-competition restrictions. In practice, enterprise HR should pay attention to the authenticity of the applicant's identity, education and work experience. And senior personnel positions should also know whether the labor contract between the applicant and other enterprises has been terminated and whether a non-competition agreement has been signed. At the same time, job seekers are required to declare in the employment registration form or labor contract that all their information is true and valid, and there is no labor relationship and non-competition restriction with other companies. If there is any falsehood, the company will immediately terminate the labor.

The contract did not give any economic compensation. If there are labor relations and non-competition restrictions with other companies, they shall bear the relevant responsibilities themselves. Otherwise, enterprises will have certain employment risks.

(5) When recruiting job candidates, it is necessary to confirm whether the physical conditions of job seekers meet the job requirements. When job seekers join the job, they should have a unified physical examination to find out whether there is any potential unsuitable situation for the job. Enterprises should not cause serious work-related injuries or diseases after job seekers join the company in order to save medical examination fees.

(6) Confirm whether the age of the job seeker has reached the legal working age (not less than 16 years old). In recent years, due to the shortage of migrant workers, it is more difficult to recruit ordinary operators. As for some enterprises in Dongguan where the author works, they relaxed their requirements, recruited some children under the age of 16, and even came into contact with coal, which was severely punished by the local government. Companies that have received OEM orders from European and American companies have a more serious problem. Once they are discovered, they will immediately suspend their orders. Therefore, the HR of the enterprise must not relax on this issue.

(seven) after the enterprise recruits workers, the probation period must comply with the law. Article 19 of the Labor Contract Law stipulates that if the term of a labor contract is more than three months but less than one year, the probation period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probation period shall not exceed two months; The probation period of a labor contract with a fixed term of more than three years or without a fixed term shall not exceed six months. The same employer and the same worker can only agree on a probation period.

Enterprises and workers must sign in accordance with the above legal requirements. In reality, there are still some enterprises, regardless of the length of the labor contract, who like to agree on a three-month probation period or a probation period exceeding the standard, thinking that it is good for them. I don't know if there is a labor dispute in the enterprise, I may have to bear the risk of double indemnity. There is also the HR of the enterprise to pay special attention to: the same employer, the same worker can only agree on a probation period; Employees who re-enter the enterprise for the second time may no longer agree on the probation period.

I hope this answer will help you!